H. S. Thukral
(Expert) 02 June 2008
No an aggrieved person can not insist. However he can approach the High Court to invoke its writ powers, with solid grounds that the present investigating agency has been won over by the accused or was biased or under pressures. High Court may order investigation by any other agency or CBI.
Ladhu Ram Chowdhary
(Querist) 03 June 2008
my resp.dear as per s.c.judgment-2007Indlaw (sc)p.1279 your ans.not asper law expert
H. S. Thukral
(Expert) 03 June 2008
Mr. Chowdhary Thanks for your comments on my opinion. I have gone through the judgment aforesaid which was repitition of earlier views of Hon'ble Supreme Court. I quote below the excepts from the judgment for your re-reading the same and then perhaps you can change your views: This judgment fully supports my views on the query I ALSO FEEL NOT VERY HAPPY TO NOTE THAT YOU SEEM TO BE LAWYER YOURSELF, YOU ARE PUTTING QUERIES TO TEST THE KNOWLEDGE OF SO CALLED EXPERTS AND THEN CRITICISE THEM IF THEY FALTER. I SUGGEST THAT IF YOU HAVE AN EXCLUSIVE VIEW POINT WHICH YOU WANT TO SHARE WITH YOUR FELLOW MEMBERS OF THE CLUB THEN PUT IT IN THE FORUM SO THAT IT CAN BE DISCUSSED FURTHER I AM PUTTING THIS IN OPEN CATEGORY FOR COMMENTS FROM OTHER MEMBERS.
QUOTES FROM THE JUDGMENT
10. It has been held by this Court in CBI & another vs. Rajesh Gandhi and another 1996 Indlaw SC 2193 (vide para 8) that no one can insist that an offence be investigated by a particular agency. We fully agree with the view in the aforesaid decision. An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice.
11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Code Of Criminal Procedure, 1973, then he can approach the Superintendent of Police under Section 154(3) Code Of Criminal Procedure, 1973 by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) Code Of Criminal Procedure, 1973 before the learned Magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.
12. Thus in Mohd. Yousuf vs. Smt. Afaq Jahan & Anr. 2006 Indlaw SC 1178, this Court observed:
"The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigating under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter.". *
13. The same view was taken by this Court in Dilawar Singh vs. State of Delhi 2007 (10) JT 585 (vide para 17). We would further clarify that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) Code Of Criminal Procedure, 1973 and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such
(Expert) 05 June 2008
i am in complete support with Mr. tHUKRAL. MR. CHOWDHARY, WE ARE HERE ALL TOGETHER NOT TO TEST UP EACH OTHER'S KNOWLEDGE BUT TO HELP EACH OTHER AND LAYMEN OUT IN THEIR LEGAL PROBLEMS. i STILL DO NOT UNDERSTAND WHY MR. CHOUDHARY INTENTIONALLY DID THAT. THIS IS NOT THE PROFESSIONAL ETHICS WHICH WE WERE TAUGHT IN OUR COLLEGE ABOUT LEGAL PROFESSION...